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Ordinance 2718-03
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Ordinance 2718-03
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Ordinances
Ordinance Number
2718-03
Date
9/24/2003
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issued for all of the lots within the proposed project and such lots are sold <br /> to homeowners, then said maintenance responsibility shall transfer to the <br /> homeowners. To effectuate the transfer, a maintenance program ensuring <br /> the long term viability and maintenance of the vegetation shall be prepared <br /> and presented to the city for the city's review and approval. A restrictive <br /> covenant to be recorded with the county auditor shall be filed by the <br /> applicant for the city's review and approval at such time that final <br /> subdivision or short subdivision approval is requested specifying the <br /> homeowners maintenance responsibilities as provided herein. <br /> is hereby amended to read as follows: <br /> 1. Landscape Maintenance Responsibility. The following shall apply: <br /> 1. Except as provided in subsection L.2 of this section, the maintenance of all <br /> landscaping and street trees located on any lot within a proposed project shall be the <br /> responsibility and expense of the applicant, developer,builder or property owner until <br /> such time as a certificate of occupancy or final inspection approval is issued for the lot <br /> and sold to a homeowner, then said maintenance responsibility shall transfer to the <br /> homeowner. A restrictive covenant to be recorded with the county auditor shall be filed <br /> by the applicant for the city's review and approval at such time that final subdivision or <br /> short subdivision approval is requested specifying the homeowners maintenance <br /> responsibilities as provided herein. <br /> 2. The maintenance of all common landscaped areas within a proposed project shall be <br /> the responsibility of the applicant, developer,builder or property owner until such time as <br /> a certificate of occupancy or final inspection approval is issued for all of the lots within <br /> the proposed project and such lots are sold to homeowners, then said maintenance <br /> responsibility shall transfer to the homeowners. To effectuate the transfer, a maintenance <br /> program ensuring the long term viability and maintenance of the vegetation shall be <br /> prepared and presented to the city for the city's review and approval. A restrictive <br /> covenant to be recorded with the county auditor shall be filed by the applicant for the <br /> city's review and approval at such time that final subdivision or short subdivision <br /> approval is requested specifying the homeowners maintenance responsibilities as <br /> provided herein. <br /> 3. Performance Guarantee. A performance guarantee in the form of cash set-aside or <br /> assignment of funds will be required for landscaping improvements if landscaping has <br /> not been installed prior to final approval. The amount of the performance guarantee shall <br /> be 150%of the cost of materials and installation. All performance guarantees shall be <br /> filed at the Planning/Community Development Department on forms approved by the <br /> City. The performance guarantee shall be held for a maximum of up to one year, after <br /> which time the City will use the proceeds to perform the work if it has not been <br /> completed. <br />
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